Loading...
HomeMy WebLinkAboutCC Res 7047 2020-06-22RESOLUTION 7047 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE APPEAL OF THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT 19-9 PERMITTING THE INSTRUCTIONAL TASTING OF BEER, WINE, AND DISTILLED SPIRITS IN A SUPERMARKET LOCATED AT 1101 PACIFIC COAST HIGHWAY THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS.- Section OLLOWS:Section 1. Christine Meza on behalf of Pavilions ("applicant") submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 19-9 to permit a Type 86 instructional tasting ABC license for the tasting of beer, wine, and distilled spirits within a Pavilions supermarket in an existing commercial shopping center, at 1101 Pacific Coast Highway (the "subject property"), which is located in the Service Commercial (SC) Zone. Section 2. Pursuant to the State of California Public Resources Code and State Guidelines for the California Environmental Quality Act (CEQA), the Community Development Department has determined that the proposed project is categorically exempt from environmental review per Section 15301 of the State CEQA Guidelines. Section 3. Following a duly -noticed public hearing, the Planning Commission denied Conditional Use Permit CUP 19-9 on February 3, 2020 through the adoption of Resolution 20-01. Timely appeals of each decision were filed with the City. Section 4. A duly noticed public hearing was held before the City Council on the 22nd Of JUne, 2020 to consider the above -referenced appeal. At the public hearing, the City Council received and considered all evidence presented, both written and oral, regarding the subject application. The record of the public hearing indicates the following: The subject property is within the Seal Beach Center located on the north side of Pacific Coast Highway north of Balboa Drive. The property is developed with a multi -tenant shopping center approximately 306,627 square feet in size referred to as the Seal Beach Center in the Service Commercial (SC) zone. The subject property is surrounded by residential uses to the north and east with commercial uses to the south and west. The proposal includes permitting a Type 86 Alcoholic Beverage Control (ABC) license for the tasting of beer, wine, and distilled spirits within an existing Von's Pavilions supermarket. Instructional tasting will be provided within the store by a vendor. The proposal includes interior improvements to establish an approved tasting area. The supermarket has an existing Type 21 ABC license for the off -premise sale of beer, wine, and distilled spirits, CUP 05-03 IE, approved through Resolution 20-5. An instructional tasting ABC license is only allowed with an ABC retail license, such as a Type 21 ABC license. 1 of 7 Section 5. Based upon the facts contained in the record, including those stated in the preceding Section of this Resolution and pursuant to Chapter 11.5.20 of the Seal Beach Municipal Code, the City Council hereby approves CUP 19-9 and makes the following findings in support thereof: A. The proposed alcoholic beverage tasting in conjunction with the off - premise retail sale of beer, wine, and distilled spirits within an existing supermarket is consistent with the General Plan. The General Plan specifies that the General Commercial Land Uses encourages commercial centers to provide a broad range of retail and service needs for the community. The addition of instructional tasting of alcoholic beverages within the shopping center expands the services offered to the community and attracts a wider range of residents. B. The proposed use and alterations do comply with applicable provisions of the Municipal Code relating to location of businesses that sell alcoholic beverages. The Seal Beach Municipal Code permits the sale of beer, wine, and distilled spirits at a retail establishment with approval of a Conditional Use Permit (CUP). To obtain an approval for a CUP for any alcoholic beverage establishment, compliance with all conditions of City Council Policy 600-1 is required. The subject site does not meet the minimum distance requirement of 100 feet from a residential land use, as required by City Council Policy 600 (as amended in 2016 pursuant to Resolution No. 6644) but the applicant establishes that the operation of the business would not interfere with the quiet enjoyment of property by residents by indicating the calls for service are low at this location. The subject site is only 70 feet from a single family residence but the calls for service are low. The locations address is used many times as it is on the corner of Pacific Coast Highway and Bolsa Drive. Over the past year the store has had 24 theft calls and many more traffic stops and patrol checks for the site as routine patrol. The subject site was originally approved for the off-site sale of beer, wine, and distilled spirits through the approval of Resolution 20-05. The supermarket is in compliance with all other applicable provisions of the Municipal Code. C. The subject site is physically adequate for the proposed interior alterations and use. The site physically is too close to a residential use but complies with all other conditions of City Council Policy 600-1 and where the applicant establishes that the operation of the business would not interfere with the quiet enjoyment of property by residents. The site is only 70 feet from a single family residence and City Council Policy 600-1 requires the establishment to be a minimum of 100 feet from a residence but the existing use but the existing supermarket has a low number of call for service. The location's address is used many times as it is on the corner of Pacific Coast Highway and Bolsa Drive. Over the past year the store has had 24 theft calls and many more traffic stops and patrol checks for the site as routine patrol. D. The location, size, design, and operating characteristics of the proposed interior alterations would be compatible with the surrounding uses and will not adversely affect those uses or properties in the surrounding areas. The supermarket complies with the height, setback and parking requirements of the General Commercial zoning area and conditions have been imposed to ensure the proper instructional service of alcohol to patrons in compliance with City Council Policy 600-1 (Standard Conditions for Alcohol Related Land Uses). The hours of operation for instructional tasting are limited to 11:00 AM to 8:00 PM adhering to regulations in the Alcohol Act of 2011. All activities related 2 of 7 to the instructional tasting will take place within a designated area on the interior and will serve as a complimentary use to the existing supermarket. The location of the supermarket as previously stated will not comply with distance to sensitive land uses such as residential uses. E. The establishment, maintenance, and operation of the proposed use would not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The proposed interior alterations will require a minimal period of construction to create a designated instructional tasting area adjacent to where alcoholic beverages are sold. The subject site will continue to operate as a supermarket which is consistent with surrounding commercial uses in the area. This Resolution includes several conditions that require compliance with the Alcohol Act of 2011 to ensure the operation the instructional tasting use does not affect persons residing or working in the vicinity. F. The proposed use is not located over 100 feet from any sensitive land uses such as residences, religious facilities, schools, libraries, public parks and playgrounds and other similar uses. The Pavilions Supermarket is located toward the front of the commercial center along Pacific Coast Highway approximately 70 feet from the nearest residence and is immediately surrounded by parking areas, drive aisles and a multi -tenant commercial building. As such, it does not comply with the minimum distance requirement between the proposed use and residential uses but has maintained an operation that does not. G. The noise levels generated by the operation of the site would not exceed the level of background noise normally found in the area as there will not be any exterior music or instructional tasting activities on the exterior of the building. All instructional tasting activity will be confined to an approved area within the supermarket. In the event that complaints are received in the future, the Planning Commission reserves the right to reconsider the operation. Section 6. Based upon the foregoing, the City Council hereby approves CUP 19-9 to allow a Type 86 ABC license for instructional tasting of beer, wine, and distilled spirits at a supermarket within a commercial shopping center, located at 1101 Pacific Coast Highway, subject to the following conditions. 1. Conditional Use Permit 19-9 is approved to permit a Type 86 ABC License allowing the instructional tasting of beer, wine, and distilled spirits within a supermarket located at 1101 Pacific Coast Highway. 2. The applicant shall comply with all restrictions placed upon all licenses issued by the State of California Department of Alcoholic Beverage Control (ABC). In connection with the City's consideration of an application, the applicant must demonstrate compliance with all restrictions placed upon the issuance of such license by the Alcoholic Beverage Control Act, Business and Professions Code §2300 to §2600, including but not limited to Rule 61.3(a) and 61.4. 3. The premises of the supermarket must be in substantial compliance with the floor plan submitted with the application and maintained on file with the Community Development Department. 3 of 7 4. The applicant shall furnish the City a copy of the ABC license and a copy of any conditions placed on the license by the Department of Alcoholic Beverage Control. This shall be done as soon as the license is received by the applicant from the State of California Department of Alcoholic Beverage Control. 5. Instructional tasting shall take place only between the hours of 11 a.m. and 8 p.m. in the approved tasting area only. 6. Only one vendor and one product can be featured in the tasting area during each session. 7. At all times during an instructional tasting event, the instructional tasting area shall be separated from the remainder of the off -sale licensed premises by a wall, rope, cable, cord, chain, fence, or other permanent or temporary barrier. The license holder shall prominently display signage prohibiting persons under 21 years of age from entering the instructional tasting event area. 8. The license holder shall not permit any consumer to leave the instructional tasting area with an open container of alcohol. 9. The instructional tasting license shall not authorize the license holder to conduct any on -sale retail sales to consumers attending the instructional tasting event. 10. The instruction of consumers regarding beer may include the furnishing of tastes of beer to an individual of legal drinking age. Beer tastes at any individual course of instruction shall not exceed eight ounces of beer per person, per day. The tasting portion of a course of instruction shall not exceed one hour at any individual licensed retail premises. Tastes of beer may not be served to a consumer in their original container but must be served in an individual glass or cup. 11. The instructional tasting event may include the serving of alcoholic beverages to an attendee of legal drinking age. An instructional tasting event on the subject of wine or distilled spirits shall be limited to not more than three tastings per person per day. A single tasting of distilled spirits shall not exceed one-fourth of one ounce and a single tasting of wine shall not exceed one ounce. An instructional tasting event on the subject of beer shall be limited to not more than the tasting of eight ounces of beer per person per day. 12. Tastes of beer, wine or distilled spirits shall not be served to a consumer in their original container but must be served in an individual glass or cup. 13. The tasting portion of a course of instruction shall not exceed one hour per person per day. 14. The wine, beer, or distilled spirits tasted shall be limited to the products that are authorized to be sold by the authorized licensee and the license holder under its off - sale license. 15. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 16. Any proposed alterations or upgrades to the supermarket will require review and approval from the City of Seal Beach Planning Division. 4of7 17. The applicant is required to obtain all required Building and Safety permits prior to tenant improvements, construction or demolition. 18. A modification of this CUP must be applied for when: a. The establishment proposes to change its type of liquor license. b. The establishment proposes to modify any of its current Conditions of Approval. C. There is a substantial change in the mode or character of operations of the establishment. 19. In the event staff determines that security problems exist on the site, the conditions of this permit may be amended, under the procedures of the Seal Beach Municipal Code to require the provision of additional security measures. 20. The Planning Commission reserves the right to revoke or modify this CUP if any violation of the approved conditions occurs, any violation of the Code of the City of Seal Beach occurs or if harm or operational behavior problems or activities occur in or around the supermarket or parking lot as a result of or arising out of the tasting activities. Examples of harmful or operation behaviors, problems or activities include, but are not limited to, violence, public drunkenness, vandalism, solicitation, litter, criminal and/or anti -social behavior. 21. The establishment shall have a public telephone listing. 22. It shall be the responsibility of the applicant/licensee to provide all employees that sell or serve alcoholic beverages with the knowledge and skills that will enable them to comply with their responsibilities under State law. The knowledge and skills deemed necessary for responsible alcoholic beverage service shall include, but are not limited to the following topics and skills development: a) State laws relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operations and penalties for violating these laws. b) The potential legal liabilities of owners and employees of businesses dispensing alcoholic beverages to patrons who may subsequently injure, kill, or harm themselves or innocent victims as a result of the excessive consumption of alcoholic beverages. c) Alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles. d) Methods for dealing with intoxicated customers and recognizing underage customers. 23. Litter and trash receptacles shall be located at convenient locations inside the establishment and operators of such establishments shall remove trash and debris on an appropriate basis so as not to cause a health problem. 24. Consumption of alcoholic beverages shall be prohibited in the establishment's parking area. There shall be appropriate posting of signs both inside and outside the licensed premises indicating that drinking outside the licensed premises is prohibited by law. 5 of 7 25. The subject property remains subject to CUP 05-3 and 05-3 IE (approved pursuant to Resolution No. 05-13 & 20-5 respectively). 26. The applicant shall prominently display these Conditions of Approval in a location within the businesses' customer area that is acceptable to the Community Development Director. 27. Failure to comply with any of these conditions or a substantial change in the mode or character of the supermarket shall be grounds for revoking or modifying this CUP approval. 28. This CUP shall not become effective for any purpose unless/until a City "Acceptance of Conditions" form has been signed and notarized by the applicant before being returned to the Planning Department; and until the ten (10) calendar day appeal period has elapsed. 29. Approval of this request shall not waive compliance with all sections of the Municipal Code, or all other applicable City Ordinances in effect at the time of permit issuance. 30. This CUP shall become null and void unless exercised within one year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Community Development Department at least ninety days prior to such expiration date. 31. The applicant must, and by signing the Acceptance of Conditions form, agrees to indemnify, defend, and hold harmless City, its officers, agents, and employees (collectively "the City" hereinafter in this paragraph) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Conditional Use Permit, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend, and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. 6of7 PASSED, APPROVED, AND ADOPTED by the Seal Beach City Council at a meeting thereof held on June 22, 2020 by the following vote: AYES: Council Members: Kalmick, Massa-Lavitt, Moore, Sustarsic, Varipapa NOES: Council Members: None ABSENT: Council Members: None ABSTAIN: Council Members: None AT . E T: Gloria D. Har, er, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } Schelly Susta ic, Mayor I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7047 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 22nd day of June, 2020. loria D. Harper, City Clerk 7 of 7